[Federal Register: December 24, 2002 (Volume 67, Number 247)]
[Rules and Regulations]
[Page 78385-78386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de02-18]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-526]
RIN 2115-AA97
Safety Zone; Lake Michigan, Chicago, IL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Chicago New Year's Celebration Fireworks in Monroe Harbor,
Chicago, Illinois. This safety zone is necessary to protect vessels and
spectators from potential airborne hazards during a planned fireworks
display over Lake Michigan. The safety zone is intended to restrict
vessels from a portion of Lake Michigan off Chicago, Illinois.
DATES: This rule is effective from 11:55 p.m. (local), December 31,
2002 until 12:20 a.m. (local), January 1, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-02-526] and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Chicago,
215 W. 83rd Street, Suite D, Burr Ridge, Illinois 60527, between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, U.S. Coast Guard
Marine Safety Office Chicago, at (630) 986-2125.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. The permit application was
not received in time to publish an NPRM followed by a final rule before
the necessary effective date. Delaying this rule would be contrary to
the public interest of ensuring the safety of spectators and vessels
during this event and immediate action is necessary to prevent possible
loss of life or property. The Coast Guard has not received any
complaints or negative comments with regard to this event.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazard of fireworks, the Captain
of the Port Chicago has determined firework launches in close proximity
to watercraft pose significant risks to public safety and property. The
likely combination of large numbers of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platforms will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
The safety zone will encompass the waters of Lake Michigan within
the arc of a circle with a 1400-foot radius from the fireworks launch
site in Monroe Street Harbor with its center in the approximate
position 41[deg]52'41'' N, 087[deg]36'37'' W. Entry into, transit
through or anchoring within this safety zone is prohibited unless
authorized by the Captain of the Port, Chicago or his designated on-
scene representative. The designated on-scene representative may be
contacted on VHF/FM Marine Channel 16. All geographic coordinates are
North American Datum of 1983 (NAD 83).
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This regulation will not have a significant economic impact for the
following reasons. The regulation is only in effect for less then one
hour. The designated area is being established to allow for maximum use
of the waterway for vessels to enjoy the fireworks display in a safe
manner. In addition, commercial vessels transiting the area can transit
around the safety zone. The Coast Guard will inform the public that
[[Page 78386]]
the regulation is in effect via a Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A written categorical exclusion
determination is available in the docket for inspection or copying
where indicated under ADDRESSES.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T09-526 is added to read as follows:
Sec. 165.T09-526 Safety Zone; Lake Michigan, Chicago, IL.
(a) Location. The safety zone will encompass the waters of Lake
Michigan within the arc of a circle with a 1400-foot radius from the
fireworks launch site in Monroe Street Harbor with its center in
approximate position 41[deg]52'41'' N, 087[deg]36'37'' W (NAD 1983).
(b) Effective time and date. This section is effective from 11:55
p.m. (local) December 31, 2002 until 12:20 a.m. (local), on January 1,
2003.
(c) Regulations. This safety zone is being established to protect
the boating public during a planned fireworks display. In accordance
with the general regulations in Sec. 165.23 of this part, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Chicago, or his designated on-scene representative.
Dated: December 15, 2002.
R.E. Seebald,
Captain, Coast Guard, Captain of the Port Chicago.
[FR Doc. 02-32408 Filed 12-23-02; 8:45 am]
BILLING CODE 4910-15-P